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Welcome back to Three Bullet Thursdays, part of our Title Tips series, from Zinati Kay – Real Estate Lawyers.
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With nearly 30 years of experience navigating Ontario Real Estate Law, almost 30,000 transactions closed without a Title Claim, and having been featured in numerous publications, we’re committed to bringing you clear, concise, and relevant information every Thursday.
To know this Thursday:
When someone dies without a will: What Ontario’s intestacy laws mean for families, homes, and real estate transactions
Sometimes, where there is no Will, there is a way. You just might not like it. Every week, we see estates — especially homes — tied up for months or years simply because someone passed away without a Will.
In Ontario, dying “intestate” triggers a rigid set of rules under the Succession Law Reform Act. These rules decide who gets the property, in what proportions, and who is allowed to administer the estate. It does not matter what the deceased may have said informally or what family members believe “should” happen.
For anyone who owns a home, plans to buy one, or may one day inherit one, intestacy is one of the most consequential but least understood parts of Ontario real estate law.
Here are the three things you must know:
1. Ontario law decides who inherits — not the family — and the rules are strict.
When there is no Will, the Succession Law Reform Act sets out an automatic distribution formula.
Here is what the law requires:
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If there is a legally married spouse, they receive the first $350,000 of the estate (“preferential share”).
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Anything left is shared between the spouse and children:
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With one child: the remainder is split 50/50.
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With two or more children: the spouse gets one-third, and the children share two-thirds.
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If there is no spouse, children inherit everything.
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If there are no spouse and no children, the estate moves outward: parents → siblings → nieces/nephews → extended relatives.
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If no relatives exist, the estate goes to the Government of Ontario.
Two critical reminders:
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Common-law partners do not automatically inherit.
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These rules apply even if family members have “agreed” on something else.
2. Someone must be appointed by the court — and that process can delay the sale of a home.
Because there is no Will naming an executor, nobody has authority to deal with the deceased’s assets until the court issues a Certificate of Appointment of Estate Trustee Without a Will.
This certificate:
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Is required to list or sell the home
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Is required to access bank accounts
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Is required to sign closing documents
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Can take several months or more to obtain
Priority to apply generally follows this order: married spouse → children → parents → siblings → other next of kin. If multiple people want the role, the court must resolve the dispute — and real estate transactions often sit frozen until it does.
We routinely see transactions stall because nobody realized the home cannot be sold until the certificate is issued, family members disagree about who should be in charge, or common-law partners assume they have automatic authority (they usually do not).
Intestacy doesn’t just cause family conflict — it can materially delay or derail a sale.
3. Joint property, beneficiary designations, and survivorship rules still apply — but everything else must go through intestacy.
Not all assets are treated the same.
Here is how property actually flows:
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Jointly owned real estate passes automatically to the surviving joint owner.
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Life insurance, RRSPs, TFSAs, and similar accounts with named beneficiaries also bypass the estate.
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Everything else — including real estate in the deceased’s sole name — must go through the intestacy rules and probate process.
This leads to common surprises:
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Solely owned homes must be probated even if the deceased “intended” all children to receive them equally.
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A common-law spouse living in the home may not inherit the property.
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Joint bank accounts may pass to one child while the rest of the estate is split differently.
Because intestacy is formula-based, courts have almost no flexibility.
Dig deeper:
Succession Law Reform Act (Ontario)
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Estates Act (Ontario)
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Government of Ontario – Estate Administration Guide
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We’re always here to answer your questions and provide guidance.